The Deceased’s Debt

Question: A Muslim man once borrowed a sum of money from a member of the People of the Scripture. Three years have passed since the Muslim man died, and he never repaid the loan. His family knows nothing about it. I wished to inform them so that they could settle it on his behalf, but the creditor refused to have them informed and has not pardoned the debt either. I know that a deceased person’s soul is held in pledge for his debt. What is your ruling on this matter? May Allah bless you.

Answer: Your duty, dear questioner, is to inform the deceased’s walīs—his heirs—of the debt he owes this non-Muslim, the person to whom you say he is indebted. It is obligatory for you to convey this information to the heirs; that is what lies within your power. Whether they then choose to pay the debt or not is their decision. If the debt is backed by a written document or other conclusive proof, it is unequivocally binding upon them to settle it. If, however, there is no documentation and the only basis is the testimony you have provided, that testimony alone does not establish a legal right; it is considered no more than an indication, or part of an indication, or part of the evidence. In any event, the safer and better course for them is to clear their deceased relative’s liability by paying off his debt.

Question: If she were to pay it herself as an act of charity, would that suffice?

Answer: If she pays it, that is an excellent deed; likewise, if any Muslim pays it on behalf of the deceased, it is a praiseworthy act. The payer will be rewarded for it, and the deceased’s liability will be lifted thereby.